Summary: We will not investigate Mrs X’s complaint about damage caused to her property by a Council owned tree, about delays in repairing the damage, and about another tree Mrs X says poses a risk. This is because it is reasonable for Mrs X to take some of the issues complained about to court, and because an investigation by the Ombudsman for the remaining matters is unlikely to achieve any additional outcome.

The complaint

1. Mrs X complained a Council owned tree damaged her property. She complained:
• about delays in completing repairs to her property; and
• about another Council owned tree which Mrs X says poses a risk to her property.
2. Mrs X says the matter has caused her distress and has impacted her financially.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended).
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. In January 2024 a Council owned tree fell, causing damage to Mrs X’s garden fence, shed, and a summerhouse which Mrs X uses for a home business. Mrs X submitted an insurance claim against the Council’s insurers which was accepted. The Council began the process of completing the repairs.
9. Mrs X complained to the Council and said it had taken too long to complete the repairs, that some of the work was not to a good enough standard, and said another tree was at risk of damaging her property. Mrs X told the Council her business and income had also suffered as a result. The Council responded and told Mrs X it was sorry for the delays and explained it would fell the remaining tree to ground level.

Analysis

10. We will not investigate this complaint. The matter of damage to Mrs X’s property by the Council owned tree is a matter for the Council’s insurers and Mrs X. If Mrs X is dissatisfied with the completed repairs, she could write to the Council’s insurers to request additional repairs. If the claim is rejected, Mrs X could take the matter to court, and it is reasonable to expect Mrs X to do so as the Ombudsman cannot determine liability or the quality of the repairs.
11. We will not investigate Mrs X’s complaints about the delays in the completion of the repairs or about the impact of the delays on Mrs X’s business. This is because the Ombudsman cannot determine loss of earnings or income. Therefore, it is reasonable to expect Mrs X to take this matter to the courts. Any remaining injustice is not sufficient to warrant an investigation by the Ombudsman.
12. We will not investigate Mrs X’s complaint about the remaining tree which she says poses a risk to her garden. The Council has agreed to fell the tree, therefore there is no worthwhile outcome achievable from an investigation by the Ombudsman. Even if the Council does not fell the tree, any potential risk to Mrs X’s property, and therefore any injustice, would be speculative, so we would not investigate.

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Final decision

13. We will not investigate most of Mrs X’s complaint because it is reasonable for her to take the matters complained about to court. We will not investigate some of Mrs X’s complaint because an investigation by the Ombudsman is unlikely to achieve any additional outcome.

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Investigator's decision on behalf of the Ombudsman